States emerging from violent conflict or political repression are faced with pertinent questions centred on how best to deal with their painful pasts, while balancing the fragile stability that can often characterise post-conflict and -crisis countries. The dynamics of contemporary conflict and crisis compel us to consider these questions. How can past wrongs be righted without jeopardising current stability and future prospects? How can cycles of violent conflict and political repression by broken in the medium- to long-term, so that lasting peace, development, and a just social order can be achieved? Given the increasing need for mechanisms to address these questions in Africa, it is an apt time for discourse around the role of law and justice in Africa’s development, particularly in post-conflict and -crisis contexts, which feature myriad challenges and complex dynamics that require unique solutions.
This paper explores transitional justice in Africa. It begins by locating the discourse in contemporary conflict, showing the contexts in which transitional justice mechanisms are used. It delves into the development of transitional justice and the specific dynamics of post-conflict and -crisis settings, which are distinct from the historical contexts in which transitional justice mechanisms emerged. This reveals the controversies, contradictions, and tensions in transitional justice, particularly in the African context with its so-called ‘new wars’. The implications of these for conflict transformation, peacebuilding, and development in Africa are discussed, before concluding with considerations for future policy, strategies, and interventions. The paper argues that a comprehensive approach to transitional justice is essential if these mechanisms are to contribute towards their intended goals, and ultimately to a just social order. It postulates that a change is required from the legal-judicial approach, which has dominated the field since its emergence, to an approach that is multidisciplinary, context specific and nuanced, victim-centred, gender sensitive, long-term, and well-resourced, and that addresses the legal, political, and social aspects of the situation. Furthermore, as transitional justice mechanisms do not function in a vacuum, they need to be accompanied by nation and state building measures, because the state remains the framework within which durable solutions to violent conflict, political repression, and underdevelopment will be found.
